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Udok (Pty) Ltd, a South African company with registration number 2017/254421/07 and business address at 57 Main Road, Paarl, 7646, Western Cape ("Udok"), offers a service enabling medical practitioners to use Udok's proprietary platform to engage virtually with persons seeking health care services.
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This document contains the terms and conditions governing use of Udok's service by medical practitioners. Medical practitioners will not be able to use Udok's service unless they agree to be bound by these terms and conditions.
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THESE TERMS CONTAIN SPECIFIC PROVISIONS TO LIMIT UDOK'S LIABILITY, ALLOCATE RISK OR LIABILITY TO THE MEDICAL PRACTITIONER, OR CONSTITUTE ACKNOWLEDGEMENT OF FACTS BY THE MEDICAL PRACTITIONER. SUCH TERMS AND PROVISIONS HAVE BEEN SET OUT IN CAPITAL LETTERS. PARTICULAR ATTENTION MUST BE PAID TO THESE TERMS SINCE THEY LIMIT THE MEDICAL PRACTITIONER'S ABILITY TO RECOVER LOSSES THAT MAY BE INCURRED IN CONNECTION WITH USE OF UDOK'S SERVICES.
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Udok may change these terms from time to time. Such changes take effect when published on Udok's website at https://www.udok.co.za. Although Udok will endeavour to give notice of changes, it remains the responsibility of the medical practitioner to read these terms prior to each use of Udok's services and take note of changes. IT IS THE MEDICAL PRACTITIONER'S RESPONSIBILITY TO READ AND UNDERSTAND THESE TERMS. IF ANY PROVISION IS UNCLEAR, NO FURTHER USE OF UDOK'S SERVICES MAY BE MADE UNTIL THE QUERY HAS BEEN RESOLVED.
1. Definitions
1.1 Consultation Fee means the fee charged by the Medical Practitioner in consideration for provision of Treatment, as agreed between Udok and the Medical Practitioner.
1.2 Medical Practitioner means a qualified healthcare professional enabled by Udok to provide medical treatment and/or related advice via the Udok Platform.
1.3 Udok Platform means the information technology devices and infrastructure used by Udok to provide the services.
1.4 Services means provision of access to the Udok Platform to enable the Medical Practitioner to consult virtually with a Patient for purposes of providing Treatment.
1.5 Patient means an individual who consults with the Medical Practitioner virtually using the Udok Platform.
1.6 Personal Information means all personally identifiable data pertaining to a Patient and made available by Udok to the Medical Practitioner in connection with the services.
1.7 Treatment means treatment and/or medical advice provided by the Medical Practitioner to Patients through virtual consultations enabled by the Udok Platform.
1.8 UserID means username(s) and/or password(s) issued to the Medical Practitioner enabling access to and use of the Udok Platform, which remain valid and have not expired or been deactivated by Udok.
2. Registration and Access to the Service
2.1 To register for the service, the Medical Practitioner shall submit such information as requested by Udok, including without limitation:
2.1.1 proof of an accredited medical degree;
2.1.2 proof of a valid and subsisting Certificate of Good Standing issued by the HPCSA (Health Professions Council of South Africa) confirming good standing to provide health care services in the Republic of South Africa; and
2.1.3 proof of compliance with ongoing requirements for provision of health care services in the Republic of South Africa.
2.2 Failure to provide correct information, and/or keep provided information up to date, will result in the Medical Practitioner not being permitted to use the service.
2.3 Upon completion of the registration process contemplated in clause 2.1, Udok will issue a UserID to enable access and use of the service.
2.4 It is the Medical Practitioner's responsibility to ensure the UserID is:
2.4.1 kept confidential and not made known to, or used by, unauthorised persons; and
2.4.2 not used for any purpose other than authorised use under these terms.
2.5 All activity occurring on the Medical Practitioner's account through use of the UserID is attributed to the Medical Practitioner. IT ACCORDINGLY REMAINS THE RESPONSIBILITY OF THE MEDICAL PRACTITIONER TO INFORM UDOK IF THE USERID HAS BEEN MISAPPROPRIATED.
2.6 For the duration of registration, the Medical Practitioner shall ensure all information provided to Udok (including clause 2.1 information) remains correct and up to date.
2.7 The Medical Practitioner shall notify Udok if notified of an HPCSA complaint that relates to, or could impact, the Medical Practitioner's good standing, and shall at Udok's request confirm status/outcome of related inquiry/proceedings by HPCSA or any legal authority.
2.8 Udok may at any time withdraw, limit or suspend the Medical Practitioner's use of the service, including where Udok is of the view that terms have been violated or unauthorised/improper use has occurred.
2.9 The Medical Practitioner may terminate their account (and ability to use the service) at any time by notifying Udok in writing at [email protected]. After receipt, Udok will issue a statement confirming total amounts due for Treatments provided during the month of termination; such amounts will be settled by Udok in accordance with clauses 3.4 and 3.5.
3. Using the Service
3.1 The service enables the Medical Practitioner to use the Udok Platform to consult virtually with Patients for providing Treatment.
3.2 THE MEDICAL PRACTITIONER ACKNOWLEDGES THAT S/HE IS SOLELY RESPONSIBLE FOR PROVIDING TREATMENT TO PATIENTS AND THAT UDOK CANNOT BE HELD LIABLE FOR CLAIMS RELATED TO PROVISION OF HEALTH CARE SERVICES OR MEDICAL ADVICE BY THE MEDICAL PRACTITIONER TO PATIENTS.
3.3 The Medical Practitioner will charge only agreed Consultation Fees for Treatment to Patients.
3.4 Udok is responsible for payment of duly invoiced Consultation Fees in accordance with clause 3.5, subject to the remainder of clause 3.
3.5 An invoice will be prepared for each Patient as follows:
3.5.1 Udok will generate an invoice in the name of the Patient containing Patient information, in a form prescribed by Udok to enable submission to the Patient's medical aid scheme; and
3.5.2 Udok will, on behalf of the Medical Practitioner, submit invoices to each Patient's medical aid to confirm the extent to which the scheme covers the Consultation Fee and any shortfall payable by the Patient.
3.6 Udok will monthly in arrears provide the Medical Practitioner with a complete statement confirming total Consultation Fees due for Treatments provided during that month ("Monthly Statement"), referencing invoices generated by Udok.
3.7 The Medical Practitioner cedes to Udok the rights to claim payment for Consultation Fees duly confirmed in Monthly Statements. In consideration thereof, Udok will, within 14 (fourteen) days of the Monthly Statement date, pay the Medical Practitioner an amount equal to Consultation Fees due in terms thereof.
4. Personal Information
4.1 The Medical Practitioner acknowledges that Udok requires access to and processing of the Medical Practitioner's personal information submitted in connection with registration for, and use of, the service.
4.2 The Medical Practitioner agrees that Udok may collect information relating to the Medical Practitioner from third-party sources (such as HPCSA) and process such information to the extent required to confirm eligibility for services and as otherwise lawfully required/permitted.
4.3 Udok will store and retain the Medical Practitioner's personal information for as long as registration remains active and use such information only to enable use of the service as described herein, or as otherwise permitted/required under applicable law.
4.4 Udok will store such information on systems hosted in secure locations in and/or outside South Africa with appropriate security mechanisms against unauthorised access.
4.5 The Medical Practitioner may enquire at any time about what personal information is held and to whom it has been disclosed, by submitting a written request to [email protected].
4.6 Udok may charge a reasonable prescribed fee before processing such request.
4.7 Udok is not obliged to provide information where prohibited by applicable law.
4.8 The Medical Practitioner has the right to require Udok to correct or erase records that Udok is no longer permitted to retain, or that are inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained, by written request in accordance with Udok procedures.
4.9 Udok may make available to the Medical Practitioner certain Patient personal information solely for provision of Treatment, including:
4.9.1 details of Patient state of health and/or wellbeing;
4.9.2 Patient medical history;
4.9.3 details of Patient medical aid plan;
4.9.4 details of Patient family members, including health information; and
4.9.5 treatments and medicines previously prescribed to the Patient and/or family members.
4.10 The Medical Practitioner will treat all personal information furnished in connection with the service, including information in this clause 4, as private and confidential and will not use it other than to provide Treatment to the Patient, or as required by applicable law.
5. Disclaimer and Liability
5.1 THE SERVICE IS PROVIDED "AS IS" AND UDOK DOES NOT GUARANTEE THAT IT WILL ALWAYS BE AVAILABLE OR FUNCTION CORRECTLY. THE MEDICAL PRACTITIONER ACKNOWLEDGES THAT IT REMAINS THE MEDICAL PRACTITIONER'S DUTY TO INDEPENDENTLY VERIFY PATIENT INFORMATION, AND THAT INFORMATION PROVIDED BY UDOK ABOUT PATIENTS IS NOT GUARANTEED TO BE ACCURATE OR CORRECT.
5.2 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UDOK WILL IN NO EVENT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCURRED BY THE MEDICAL PRACTITIONER IN CONNECTION WITH USE OF THE SERVICES, WHETHER IN CONTRACT, DELICT OR STATUTE (INCLUDING NEGLIGENCE).
5.3 THE MEDICAL PRACTITIONER HEREBY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INDEMNIFIES UDOK AGAINST ALL LOSSES, LIABILITIES, DAMAGES AND CLAIMS ARISING FROM OR RELATING TO PROVISION OF TREATMENT BY THE MEDICAL PRACTITIONER, INCLUDING ALL THIRD-PARTY CLAIMS RELATED THERETO.
6. General
6.1 Use of the service is subject to the laws of the Republic of South Africa.
6.2 These terms, and any terms/policies incorporated by reference, constitute the entire agreement between the Medical Practitioner and Udok regarding use of the service.
6.3 No amendment or variation of these terms is enforceable unless reduced to writing by Udok and published on Udok's website at https://www.udok.co.za.
6.4 These terms override contrary terms or conditions incorporated in communications with Udok; such conflicting terms/conditions do not form part of the agreement relating to the service.
6.5 Udok's failure to enforce any provision strictly will not be construed as waiver of any provision or right.
6.6 If any provision is held unenforceable or invalid by a competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect original intentions, and the remainder will remain in full force and effect to the fullest extent permitted by law.